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Kenya decisions
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Kenduiwa v Kenduiwa & 3 others [2024] KEHC 14078 (KLR)
The High Court dismissed a protest to confirmation of grant, holding that a deceased son’s share in an intestate estate devolves to his own estate for separate succession.
Gitari & another v Gitari & 2 others [2024] KEHC 9366 (KLR)
High Court appeal in a long-running succession dispute dismissed after the court upheld the magistrate’s estate distribution and rejected claims of an earlier judgment.
In re Estate of Marete Mbui alias M’Marete M’Mbui alias Justus Marete (Deceased) [2022] KEHC 15789 (KLR)
The High Court declined to order sale of LR No Thau/mumui/69 and instead directed that it be shared equally between the deceased’s two widows.
In re Estate of KK alias WK (Deceased) [2021] KEHC 9214 (KLR)
The High Court dismissed a protest in a succession cause, confirmed the grant, and ordered distribution of the estate with a former wife and current widow sharing one portion in trust for children.
In re Estate of Josiah Kipkirui arap Rono (Deceased) [2021] KEHC 7262 (KLR)
The court held that in polygamous intestate succession, properties acquired before the marriage of a subsequent wife are to be retained by the first wife and her household, especially where the subsequent wife made no contribution to their acquisition. The 2nd wife and her household are not entitled to a share of the 1st wife’s matrimonial home (Items No.29, 30, 31), as these were acquired long before her marriage. The 2nd wife is adequately provided for with her own matrimonial property (Item No.26). The rent collected from the Upper Hill Property (Item No.43) after the deceased’s death shou…
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In re Estate of Ayub Kiprono Chepkwony (Deceased) [2020] KEHC 6389 (KLR)
The court found that both the applicant (widow) and the respondents (children of a co-wife) are administrators and have rights and obligations to protect the estate and the interests of all beneficiaries. While the applicant established a prima facie case, the court was not convinced that she would suffer substantial loss if the restraining orders were not granted, given the conflicting and unverified evidence regarding the amounts of rent collected and the applicant's own sources of income. To balance the interests of justice and fairness, especially considering the applicant's need for medi…
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In re Estate of Daniel Kago Macharia alias Daniel Kago alias Daniel Mukore alias Daniel Kago Mukore (Deceased) [2020] KEHC 9419 (KLR)
The court found that while section 40 of the Law of Succession Act provides a formula for distributing the estate of a polygamous intestate deceased, strict application may result in unfairness to widows, contrary to the constitutional guarantee of equality in marriage under Article 45. The court recognized that the deceased intended his property to benefit all family members and that the respondent's claim of contribution was not supported by evidence specific to acquisition or development timing. The court exercised its discretion to ensure fairness by ordering equal sharing of the shops an…
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In re Estate of Hellen Wambui Kuria (Deceased) [2019] KEHC 8591 (KLR)
The High Court confirmed a succession grant but held that two widows of the deceased’s sons would hold their shares as life interests, with the remainder passing to their children.
In re Estate of Jacob M’ikiugu M’ringera (Deceased) [2019] KEHC 10294 (KLR)
The High Court revoked a confirmed grant after finding material non-disclosure of the deceased’s widow and other beneficiaries in succession proceedings.
In re Estate of Nthiga Mbogo (Deceased) [2019] KEHC 10630 (KLR)
The High Court distributed an intestate estate under sections 40 and 42 of the Law of Succession Act, recognizing the widow and daughters, and excluding grandchildren and a son-in-law.
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